L’utilisation de nouvelles technologies dans l’administration de la preuve en procédures pénales
The use of new technologies in the administration of evidence in criminal proceedings

Author(s): Katarzyna Stokłosa
Subject(s): Cultural history, Sociology
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: electronic evidence; criminal procedure; evidence; new technologies; European law; European Commission; European Council
Summary/Abstract: This article concerns the use of modern technologies in the aspect of evidence and the possibility of implementing the aims of criminal proceedings. Nowadays, the use of new technologies in criminal proceedings facilitates these proceedings, affecting their speed and quality. It makes it possible to hold hearings remotely, which e.g. reduces the procedural costs connected with traveling, and allows the collection of electronic traces of a crime. The status of electronic evidence is still unclear, both in terms of the possibility of recognising its authenticity and the possibility of conducting it in court proceedings. Considering the above doubts, the author will first analyze the status of electronic evidence, particularly the facilitation of cross-border access to electronic evidence, in the light of the guidelines of the European Commission and the European Council. Then the author analyzes the status of electronic evidence in selected European countries and formulates postulates de lege ferenda.

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